Ever since the U.S. Supreme Court ruled two years ago in AT&T Mobility v. Concepcion, 09-893, that companies can enforce class action waivers in consumer contracts, defendants have been trying to use Concepcion as a class action killer in the employment context as well. Those efforts haven’t been particularly successful so far, but there are signs the tide may be turning.
On Feb. 22, Southern District Judge Vincent Briccetti (See Profile) dismissed a purported overtime class action against JPMorgan Chase, citing a mandatory arbitration and class-action waiver clause in a former employee’s contract.
